{"identifier":"/us/usc/t35/s201","title":35,"num":"\u00a7\u202f201.","heading":"Definitions","text":"\u00a7\u202f201.\nDefinitions\nAs used in this chapter\u2014\n(a) The term \u201cFederal agency\u201d means any executive agency as defined in\nsection 105 of title 5\nsection 102 of title 5\n(b) The term \u201cfunding agreement\u201d means any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal Government. Such term includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as herein defined.\n(c) The term \u201ccontractor\u201d means any person, small business firm, or nonprofit organization that is a party to a funding agreement.\n(d) The term \u201cinvention\u201d means any invention or discovery which is or may be patentable or otherwise protectable under this title or any novel variety of plant which is or may be protectable under the Plant Variety Protection Act (\n7 U.S.C. 2321\n(e) The term \u201csubject invention\u201d means any invention of the contractor conceived or first actually reduced to practice in the performance of work under a funding agreement:\nProvided\n1\n1 See References in Text note below.\n7 U.S.C. 2401(d)\n(f) The term \u201cpractical application\u201d means to manufacture in the case of a composition or product, to practice in the case of a process or method, or to operate in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are to the extent permitted by law or Government regulations available to the public on reasonable terms.\n(g) The term \u201cmade\u201d when used in relation to any invention means the conception or first actual reduction to practice of such invention.\n(h) The term \u201csmall business firm\u201d means a small business concern as defined at\nsection 2 of Public Law 85\u2013536\n15 U.S.C. 632\n(i) The term \u201cnonprofit organization\u201d means universities and other institutions of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1986 (\n26 U.S.C. 501(c)\n26 U.S.C. 501(a)","url":"https://projectusc.org/usc/t35/s201.html","content":[{"t":"sec","id":"/us/usc/t35/s201","children":[{"t":"num","text":"\u00a7\u202f201."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this chapter\u2014"},{"t":"subsec","id":"/us/usc/t35/s201/a","children":[{"t":"num","text":"(a)"},{"t":"content","text":" The term \u201cFederal agency\u201d means any executive agency as defined in ","children":[{"t":"ref","text":"section 105 of title 5","href":"/us/usc/t5/s105","tail":", and the military departments as defined by "},{"t":"ref","text":"section 102 of title 5","href":"/us/usc/t5/s102","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s201/b","children":[{"t":"num","text":"(b)"},{"t":"content","text":" The term \u201cfunding agreement\u201d means any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal Government. Such term includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as herein defined.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s201/c","children":[{"t":"num","text":"(c)"},{"t":"content","text":" The term \u201ccontractor\u201d means any person, small business firm, or nonprofit organization that is a party to a funding agreement.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s201/d","children":[{"t":"num","text":"(d)"},{"t":"content","text":" The term \u201cinvention\u201d means any invention or discovery which is or may be patentable or otherwise protectable under this title or any novel variety of plant which is or may be protectable under the Plant Variety Protection Act (","children":[{"t":"ref","text":"7 U.S.C. 2321","href":"/us/usc/t7/s2321","tail":" et seq.)."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s201/e","children":[{"t":"num","text":"(e)"},{"t":"content","text":" The term \u201csubject invention\u201d means any invention of the contractor conceived or first actually reduced to practice in the performance of work under a funding agreement: ","children":[{"t":"text","text":"Provided","tail":", That in the case of a variety of plant, the date of determination (as defined in section 41(d)\u202f"},{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" of the Plant Variety Protection Act ("},{"t":"ref","text":"7 U.S.C. 2401(d)","href":"/us/usc/t7/s2401/d","tail":")) must also occur during the period of contract performance."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s201/f","children":[{"t":"num","text":"(f)"},{"t":"content","text":" The term \u201cpractical application\u201d means to manufacture in the case of a composition or product, to practice in the case of a process or method, or to operate in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are to the extent permitted by law or Government regulations available to the public on reasonable terms.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s201/g","children":[{"t":"num","text":"(g)"},{"t":"content","text":" The term \u201cmade\u201d when used in relation to any invention means the conception or first actual reduction to practice of such invention.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s201/h","children":[{"t":"num","text":"(h)"},{"t":"content","text":" The term \u201csmall business firm\u201d means a small business concern as defined at ","children":[{"t":"ref","text":"section 2 of Public Law 85\u2013536","href":"/us/pl/85/536/s2","tail":" ("},{"t":"ref","text":"15 U.S.C. 632","href":"/us/usc/t15/s632","tail":") and implementing regulations of the Administrator of the Small Business Administration."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t35/s201/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" The term \u201cnonprofit organization\u201d means universities and other institutions of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1986 (","children":[{"t":"ref","text":"26 U.S.C. 501(c)","href":"/us/usc/t26/s501/c","tail":") and exempt from taxation under section 501(a) of the Internal Revenue Code ("},{"t":"ref","text":"26 U.S.C. 501(a)","href":"/us/usc/t26/s501/a","tail":") or any nonprofit scientific or educational organization qualified under a State nonprofit organization statute."}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}